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Question #1 – Prevailing Wage
How can I find out the Prevailing Wage on jobs in my county?
Answer #1 – Go to U.S. Census Bureau – QuickFacts lookup to determine the county. Go to Online Wage Library – FLC Wage Search Wizard, select the State, then the County, then the occupation from the drop down list and hit SEARCH.
Question #2 – Employment Based Immigration
I have an approved I-140 in the EB-3 category. My new employer wants to file an application for me in the EB-2 category. Can I make the switch if I believe I am qualified?
Answer #2 – If the employer offers you the position, and you are able to satisfy the minimum education and experience requirements for the position, you should be able to make the switch and petition to recapture the earlier priority date at the I-140 stage.
Question #3 – H-1B Nonimmigrant Work Visa
Is there a grace period for applying for an H-1B transfer after termination from a previous sponsoring employer?
Answer #3 – According to the USCIS, there is no grace period. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the regulations do not provide for a grace period.
Question #4 – Business Visitor Visa
How long can someone stay in US on a Business Visa (B1/B2)?
Answer #4 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.
Question #5 – Employment Based Immigration
If my Labor Application is denied, can we appeal the decision?
Answer #5 – Yes; however, your employer and Immigration Attorney should review the reasons for denial and determine whether or not the DOL wrongfully denied the ETA 9089. If there is a basis supported by case law and/or documentation for a reversal of the DOL’s decision, the employer may file a Request for Reconsideration with the DOL within the specified time period.
Question #6 – Visa Interview
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?
Answers #6 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.
Question #7 – Family Based Immigration
At what stage of the Family Based Green Card process does the priority date get assigned?
Answer #7 – The priority date gets assigned once the I-130, Immigrant Petition for Alien Relative is filed with the USCIS.
Question #8 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Answer #8 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
Question #9 – H-1B Nonimmigrant Work Visa
Some of our H-1B employees are nearing their 6th year in visa status. They have approved I-140s filed by different employers. Can we use those approved I-140s to get 3 year extensions with our company?
Answer #9 – Yes, as long as the I-140 petition is not revoked due to misrepresentation or fraud.
Question #10 – H-1B Nonimmigrant Work Visa
Visa In a few months, I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.
Answer #10 – No.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 13, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!